Rule 4 Commencement of Action

(a) An action shall be commenced by the plaintiff’s filing in person or by mail with the clerk, on a form furnished by the clerk, a claim under oath setting forth:

(1) the name and address of the defendant;

(2) the amount and the basis of the claim;

(3) that plaintiff has demanded payment; and

(4) that defendant has refused to pay;

(b) The clerk shall cause a copy of any claim to be served upon defendant. Upon proof of service, the clerk shall sign an order setting a hearing date not more than 30 days nor less than 5 days from the date of receipt of proof of service and shall cause a copy of the order setting the hearing date and directing the plaintiff to appear on such date with witnesses and documents to prove his claim to be served upon the plaintiff. Service shall be deemed complete on the date of service and service of the claim and order on defendant must be completed at least five days prior to the hearing date. Service shall be made in accordance with 4 T.C.R.C.P. Effective November 20, 1993